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(영문) 서울고등법원(춘천) 2020.01.15 2019나50524
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the main sentence of Article 420 of the Civil Procedure Act is the same as the reasoning of the judgment of the court of first instance, in addition to the parts added or used as follows.

The 6th to 7th six parallels of the first instance judgment shall be followed as follows.

(f) On July 12, 2017, the Defendant deposited KRW 60 million on the ground that the Defendant deposited the deposit of down payment, and the instant sales contract termination and termination notification 1) on July 12, 2017, on the ground that the Defendant was the Defendant and the deposited person as the Defendant and the deposited person under the jurisdiction of the Chuncheon District Court (Seoul District Court Decision 842, 2017, and that the Plaintiff’s refusal to receive the instant sales contract was evident.

2) On July 14, 2017, the Defendant issued a notice of the termination of the sales contract and the cancellation thereof to the Plaintiff on July 14, 2017 to the effect that “this case’s sales contract was concluded and there was no serious situation, such as the failure to obtain approval for business, such as a new construction authorization,” and that this case’s sales contract was terminated pursuant to Article 12(5) of the instant sales contract. Even if not, the Defendant sent a notice of the termination of the sales contract and the cancellation thereof to the effect that “the Defendant deposits KRW 60 million, which is a double deposit of the down payment, and cancels the instant sales contract pursuant to Article 565 of the Civil Act,” and the said notice reached the Plaintiff on July 17, 2017, added the following parts to the Plaintiff under the 78 pages of the first instance judgment.

H. On October 25, 2017, the Plaintiff paid the deposit money: (a) the Defendant reserved an objection to KRW 60 million deposited on July 12, 2017; and (b) the Plaintiff paid the deposit money; and (c) the Plaintiff reserved an objection to KRW 70 million deposited on July 12, 2017; and (d) the Plaintiff raised the “No. 17 evidence” of the first instance judgment with “No. 17, 26, and No. 5.”

The 9th 19th 19th son’s testimony was written with “the testimony of witness I” as “the testimony of witness I of the first instance court and each fact-finding reply to D Association of this court”.

The following parts shall be followed by the 11th sentence of the first instance judgment:

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